Jharkhand High Court
Dr. Rakesh Kumar vs State Of Jharkhand & Ors on 4 July, 2012
Equivalent citations: 2012 (4) AIR JHAR R 607, (2012) 119 ALLINDCAS 865 (JHA), (2013) 136 FACLR 5, (2012) 4 JCR 679 (JHA)
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1068 of 2012
Dr. Rakesh Kumar ...... Petitioner
Versus
The State of Jharkhand & others ...... Respondents
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : M/s Sudarshan Shrivastava, Manoj Kumar, Advocates
For the State : Mr. Rajesh Shanker, G.A.
For the JPSC : Mr. Sanjay Piprawall, Advocate
th
06/Dated: 4 July, 2012
1.Counsel for the petitioner submitted that the petitioner had applied for the post of Medical Officer in pursuance of the public advertisement dated 10th November, 2010, which is at Annexure1 to the memo of the present petition. The petitioner is Bachelor in Medicine and Bachelor in Surgery (hereinafter referred to as 'MBBS' for the sake of brevity). The petitioner is a Scheduled Caste Category candidate. It has been further submitted by the counsel for the petitioner that these facts have been highlighted in paragraph nos.7, 8, 9 and 10 to the memo of the present petition substantiated by necessary evidences and these facts have not been controverted in the counter affidavit filed by the respondents neither by the State nor by the Jharkhand Public Service Commission. The petitioner has secured 226 marks out of total 400 marks. Looking to the public advertisement, which is at Annexure1, there are total 218 posts of Medical Officer advertised out of which 22 posts are reserved for Scheduled Caste Category candidates.
2. Counsel for the petitioner further submitted that the petitioner in his application has also annexed the caste certificate and residential certificate, which are at Annexures2 and 3, respectively. Counsel for the petitioner further pointed out that looking to Annexure4, which is an 'Admit Card issued by the Jharkhand Public Service Commission for appearing in the examination, the said Admit Card contains the photograph of the petitioner, the name of the petitioner, the roll number of the petitioner and the category namely, Scheduled Caste. Thus, the petitioner belongs to Scheduled Caste Category and even the address of the petitioner is also reflected from Annexure4. It is further submitted by the counsel for the petitioner that the petitioner is a highly meritorious 2 candidate and therefore, he has secured much more marks whereby, the petitioner can even compete with General Category candidates. Petitioner's result has been published, as per Annexure5, in General Category candidate (the roll number of the present petitioner is 94000603, which is reflected at internal page22 of the memo of the present petition). It is further submitted by the counsel for the petitioner that there were six candidates, who were called for oral interview, who belong to Reserved Category namely, Scheduled Caste Category candidates. Looking to this result published by the Jharkhand Public Service Commission at Annexure5 at internal page24, it has been mentioned that Reserved Category candidates (Scheduled Caste), who have secured 25 % marks and above are invited to appear at the interview. The written test taken was of total 400 marks and the petitioner has secured 199 marks. Thus, the petitioner has secured more than 25% of the total marks in the written examination and therefore, he ought to have been called for oral interview in Reserved Category i.e. Scheduled Caste Category candidates, but, instead of doing this, the result of the petitioner has been published illegally under the Unreserved Category.
3. It is further submitted by the counsel for the petitioner that only six candidates, who are Scheduled Caste Category candidates, were called for oral interview. The petitioner's roll number is not covered in this category, which are published at internal page no. 24, for Scheduled Caste Category candidates. This is also an error on the part of the respondents. It is further submitted by the counsel for the petitioner that Annexure6 is a final result published by the Jharkhand Public Service Commission after appreciating marks obtained in the written test as well as after obtaining marks in the oral interview. Thus, the final select list is published at Annexure6 and under the selected Scheduled Caste Category candidates, there are as many as 20 candidates, who have been found successful. This is also an error on the part of the respondents because looking to page no. 24, which is a result of the written examination and only six candidates were called for interview, who are Scheduled Caste Category candidates and the final result published at page 15 which speaks that 20 Scheduled Caste Category candidates are 3 successful. This is an error apparent on the face of the record.
4. Counsel for the petitioner submitted that there are overlapping errors committed by the respondents. It is submitted by the counsel for the petitioner that the petitioner has obtained 27 marks in the viva voce test out of total 40 marks. Thus, the petitioner has secured 226 marks out of total 440 marks. The total marks obtained by the petitioner is much higher marks than the lastly selected candidates in the General Category.
5. Counsel for the petitioner further submitted that the Jharkhand Public Service Commission has insisted for Local Residential Certificate (for employment). Such type of demand is illegal, arbitrary, capricious and whimsical. The Jharkhand Public Service Commission has no such authority in the eye of law to demand Local Residential Certificate. Once the petitioner is a Scheduled Caste Category candidate looking to Annexure2 and Annexure3, it is enough and sufficient. No other requirement is required for getting or for claiming benefits of Reserved Category under Scheduled Caste Category. The Jharkhand Public Service Commission is unnecessarily relying upon some Circular issued by the State of Jharkhand bearing no. 4156 dated 17th July, 2002 (Annexure8 to the supplementary rejoinder affidavit, filed by the petitioner). It is stated by the counsel for the petitioner that this Circular bearing no. 4156 dated 17th July, 2002 is altogether for a different context. The Circular talks about local resident and the manner in which the Local Residential certificate can be issued. There is no reservation for the local resident for the post in question. The Circular which has been relied upon by the Jharkhand Public Service Commission has no causal connection with the claim of the petitioner namely, reservation as Scheduled Caste Category candidate.
6. Counsel for the petitioner has relied upon Article 341 of the Constitution of India and has submitted that His Excellency the President is finalizing certain castes as Scheduled Caste for a particular State in consultation with His Excellency the Governor of a particular State. Once the Scheduled caste for a particular State is notified in the gazette, no other Local Residential Certificate etc. is required for claiming reservation as a Scheduled Caste candidates. The benefits of reservation as Scheduled Caste Category candidate can be claimed only on the basis of 4 the Scheduled Caste certificate. No other certificate is required. Annexure2 and Annexure3 have already been supplied to the Jharkhand Public Service Commission at the time of filing of the application that the petitioner is a Scheduled Caste Category candidate and therefore, as per Annexure4 Admit Card (Card required for appearing in the examination) has been issued by the Jharkhand Public Service Commission, which also reflects the fact that the petitioner is a Scheduled Caste Category candidate. The demand of the Jharkhand Public Service Commission that the petitioner ought to have produced Local Residential Certificate is unwarranted. The Circular which is relied upon has got no relevance at all. It may happens that for local resident there may be a reservation. In those circumstances, the Circular No 4156 dated 17th July, 2002 will be applicable, but, in the facts of the present case, no such type of reservation for local resident has been prescribed by the State. Out of total 218 seats of the Medical Officer, Scheduled Caste category22 posts, Schedule Tribes57 posts, Extreme Backward Class13 posts and Backward Class17 posts were reserved and for General Category or Unreserved Category109 posts were prescribed. There is no reservation for local resident at all as per public advertisement, which is at Annexure1 to the memo of the present petition and therefore, the demand of the certificate from the petitioner that unless and until the petitioner present the Local Residential Certificate, he cannot claim reservation as a Scheduled Caste Category candidate. This is absolutely illegal and violative of the provisions of the Constitution of India and therefore, the result of the petitioner ought to be published under the Reserved Category of Scheduled Caste and if the petitioner has secured more marks than lastly selected candidate in General Category, then this is at the discretion of the respondents to put the petitioner in a General Category, but, the petitioner's right to claim reservation under Scheduled Caste Category cannot be denied by the respondents. It is admitted by the counsel for the Jharkhand Public Service Commission that if the petitioner is treated as Scheduled Caste Category candidate, he secured more marks than the marks obtained by the lastly selected candidate in the Scheduled Caste Category candidate for the post in question.
7. Counsel for the petitioner, therefore, submitted vehemently that let 5 a suitable direction be given to the respondentState to appoint the petitioner on the post of Medical Officer at least in the Scheduled Caste Category candidate.
8. Counsel for the petitioner further submitted that the respondents are insisting that the petitioner must bring a certificate of local residence in the proforma attached with the Government Circular bearing no. 3389 dated 22nd September, 2001 and as per Circular No. 806 dated 3 rd March, 1982 which are also illegal and unwarranted because it has already been decided by the Full Bench of this Court in the case of Prashant Vidyarthy with Suman Kr. Singh Vs. State of Jharkhand & others reported in 2003(1) JCR 3 (Jhr.) that the said Circulars i.e. Circular no. 3389 dated 22nd September, 2001 and Circular No. 806 dated 3 rd March, 1982 are illegal and therefore, they have been quashed by a Bench of five Hon'ble Judges of this Hon'ble Court. The constitutional validity was under
challenge and it has been held that these circulars are constitutionally invalid. Upon such type of Circulars, the Jharkhand Public Service Commission is relying upon especially for grant of Local Residential Certificate attached to the above circulars and therefore also, the unreasonable demand of the Jharkhand Public Service Commission cannot be fulfilled by the petitioner. Once the petitioner is a Scheduled Caste Category candidate under Article 341 of the Constitution of India, the State has no power at all to issue further certificate that particular type of Scheduled Caste Category only will be eligible for reservation.
9. Counsel for the petitioner is relying upon the decision rendered by the Hon'ble Supreme Court in the case of Maharashtra State Road Transport Corpn. and Others Vs. Rajendra Bhimrao Mandve and Others reported in (2001) 10 SCC 51 and as per this judgment, the criteria for selection cannot be altered by the authorities once the selection process has already been commenced. In the facts of the present case the selection process has already been started after publication of the advertisement. There was no reservation for the local resident. There was reservation for Scheduled Caste, Scheduled Tribes etc. as stated hereinabove and therefore, the insistence on the part of the respondent Jharkhand Public Service Commission and that too from Scheduled Caste Category candidate that he will be given benefit of Scheduled Caste 6 reservation quota only upon production of a Local Residential Certificate. Such type of insistence is de hors the provisions of the law and will violate the aforesaid law pronounced by the Hon'ble Supreme Court and hence, let a suitable direction be given to the respondents to grant appointment to the petitioner as a Medical Officer in the Reserved Category of Scheduled Caste Category candidate.
10. Counsel for the respondentJharkhand Public Service Commission vehemently submitted that the Jharkhand Public Service Commission has insisted for Local Residential Certificate (for employment) in proper proforma in pursuance of the Government Circular bearing no. 4156 dated 17th July, 2002 as well as looking to the Government Circular No. 3389 dated 22nd September, 2001 and also looking to the Government Circular no. 806 dated 3rd March, 1982. The petitioner may be of a Scheduled Caste Category candidate, but, unless and until this Local Residential Certificate (for employment) is brought he cannot claim any reservation for Scheduled Caste Category candidate. This certificate has not been presented by the petitioner and therefore, his result was published as per Annexure5 in a General Category candidates after the written test and therefore, he has not been treated as Scheduled Caste Category candidate and the petitioner has secured lesser marks than lastly selected candidate in General Category. Thus, the petitioner cannot be given benefit of reservation of Scheduled Caste Category candidates.
11. Counsel for the respondentState submitted that they have already prescribed reservation of posts as per Annexure1 to the memo of the present petition, which are as under: Sl No. Category Number of Posts 1 Unreserved 109 2 Scheduled Caste 22 3 Scheduled Tribe 57 4 Extreme Backward Class 13 5 Backward Class 17 Total 218 Thus, there is no reservation quota for local resident of the State of Jharkhand. Once it is established that the petitioner is a Scheduled 7 Caste category candidate for the State of Jharkhand, the petitioner is falling within the Reserved Category candidates and if a candidate could not present that certificate then he cannot fall within the Reserved Category. Counsel for the State further submitted that looking to paragraph nos. 7, 8, 9 & 10 of the memo of the present petition enough certificates have been annexed about the fact that the petitioner is a Scheduled Caste Category candidate. Annexure2 is a caste certificate, Annexure3 also reflects that the petitioner is a local resident of District Dhanbad and looking to Annexure4 i.e. Admit Card, issued by the Jharkhand Public Service Commission also reflects that the petitioner belongs to Scheduled Caste. The Circulars, which are referred hereinabove namely, Circular No. 4156 dated 17 th July, 2002, has been issued by the State for residential certificate/permanent residential certificate/aboriginal certificate/domicile certificate/local residential certificate. These certificates have nothing to do with the Scheduled Caste Category because Scheduled Castes are fixed for a particular State by His Excellency the President of India after consulting His Excellency, the Governor of the concerned State under Article 341 of the Constitution of India. State Officer cannot modify the said list nor any other additional requirement can be inserted in Article 341 of the Constitution of India.
12. Having heard counsel for both the sides and looking to the facts and circumstances of the case, this writ petition is allowed on the following facts and reasons:
(i) The present petitioner had preferred an application in pursuance of the public advertisement dated 10 th November, 2010, which is at Annexure1 to the memo of the present petition, for the post of Medical Officer. The petitioner is an MBBS and he belongs to Scheduled Caste.
(ii) The present petitioner has supplied all the necessary documents, which are at Annexures2 and 3 to the memo of the present writ petition, which reflects that the petitioner belongs to Scheduled Caste Category candidate and he is a resident of DistrictDhanbad. There are averments to this effect made in paragraph nos. 7, 8, 9 and 10 to the memo of the present petition. These facts have not been controverted 8 in the counter affidavit, filed by the State as well as by the Jharkhand Public Service Commission. Thus, the petitioner is Scheduled Caste Category candidate and he has appeared in the written test for Medical Officer taken by the Jharkhand Public Service Commission.
(iii) Thereafter, the Jharkhand Public Service Commission has issued an Admit Card, which is at Annexure4 to the memo of the present petition, which is meant for inviting the students or candidates to appear in the written test. Annexure4 reflects the name of the petitioner, the name of the petitioner's father, passport size photograph of the petitioner, roll number of the petitioner i.e. 94000603 and his category as Scheduled Caste. The address of the petitioner is also of DistrictDhanbad i.e State of Jharkhand. Thus, on the basis of the documents given alongwith the application form, the Jharkhand Public Service Commission has issued an Admit Card, which reflects that the petitioner belongs to Schedule Caste Category candidate and his residential address is of Dhanbad meaning thereby that he also stays at Housing Colony, Dhanbad.
(iv) It appears that the petitioner appeared in the written test for the post of Medical Officer which constitutes of different papers having total marks as 400. The petitioner has obtained 199 marks. The result of the written test has been published by the Jharkhand Public Service Commission, which is at Annexure5 to the memo of the present petition. The roll number of the petitioner, which is 94000603, is reflected in the General Category candidates, which is at running page22 to the present writ petition. This is an error on the part of the Jharkhand Public Service Commission. The petitioner belongs to Scheduled Caste Category candidate and the result has been published in the General Category candidates.
(v) Looking to Annexure5 to the memo of the present petition at running page24, serial no. 2, it appears that the Reserved 9 Category candidates (Schedule Caste), who have secured 25% marks and above, are invited to appear at the interview.
Roll numbers of that candidates are as under:
(i) 94001320
(ii) 94000521
(iii) 94001420
(iv) 94001735
(v) 94000777
(vi) 94000961
Thus, only these students or candidates of Reserved Category (Scheduled Caste), who have secured 25% marks and above were invited in the viva voce test though the petitioner has secured more than 25% of the total marks the petitioner's roll number has not been reflected in this Category. This is also an error on the part of the Jharkhand Public Service Commission. Instead of showing roll number of the petitioner in Reserved Category candidates the roll number of the petitioner has been reflected in General Category Candidates.
(vi) It appears that the viva voce test or oral interview was consisting of 40 marks out of which 10 marks was fixed for experience, 5 marks was fixed for higher educational qualification and remaining 25 marks was to be given by the Interview Committee. The petitioner appeared in the interview and has secured 27 marks. The petitioner has secured 199 marks out of 400 marks in the written test and 27 marks out of 40 marks in the viva voce test. Thus, the total marks obtained by the petitioner is 226 out of total 440 marks. Thereafter, the final result based upon submission of of the written test as well as oral test has been published by the Jharkhand Public Service Commission, which is at Annexure6 to the memo of the present petition. Looking to the result of the Scheduled Caste Category candidates, it appears that the following are the roll numbers, who have been declared successful: 10
(i) 94000051
(ii) 94000063
(iii) 94000172
(iv) 94000250
(v) 94000553
(vi) 94000688
(vii) 94000777
(viii) 94000818
(ix) 94000845
(x) 94000917
(xi) 94000986
(xii) 94000990
(xiii) 94001004
(xiv) 94001103
(xv) 94001163 (xvi) 94001229 (xvii) 94001484 (xviii)94001493 (xix) 94001643 (xx) 94001735 Thus, interview of the Scheduled Caste Category candidates were taken up only for six candidates whereas, 20 candidates were declared successful in Scheduled Caste Category by the Jharkhand Public Service Commission. This is also an error apparent on the face of record.
(vii) Though the petitioner has secured more marks than the lastly selected candidate in the Scheduled Caste Category candidates, the roll number of the petitioner has not been reflected as a successful candidate in the Scheduled Caste Category candidates in the final result published at Annexure6 to the memo of the preset petition. This is also gross illegality committed by the respondentJharkhand Public Service Commission. All the aforesaid candidates are successful candidates as Scheduled Caste Category candidates. The petitioner has secured higher marks than the lastly selected candidate. This fact has not been denied by the counsel, who is appearing for the Jharkhand Public Service Commission.
(viii) Counsel for the Jharkhand Public Service Commission submitted that as the petitioner had not supplied Local Residential Certificate (for employment) therefore, the 11 petitioner's candidature was not considered under the Reserved Category candidates of Scheduled Castes. This certificate was demanded because of a Circular issued by respondentState bearing no. 4156 dated 17th July, 2002, which is at Annexure8 to the supplementary rejoinder affidavit filed by the petitioner. The said Circular is meant for some other purposes. The said Circular cannot take away the rights vested in the petitioner by virtue of Article341 to be read with Article14 and 16 of the Constitution of India. This Circular reflects the fact how to issue the Local Residential Certificate. In fact, the said Circular talks about several types of certificates namely:
(a) Residential Certificate;
(b) Permanent Residential Certificate;
(c) Aboriginal Certificate;
(d) Domicile Certificate;
(e) Local Residential Certificate
Looking to this Circular, it appears that the Government of Jharkhand was of the opinion that there is some anomaly or there is some misconception on the part of Government Officers and therefore, guidelines were given to Government Officers, how to issue Local Residential Certificate. Be as it may, Local Residential Certificate may be issued in any fashion, but, the fact remains that the present petitioner is a Scheduled Caste Category Candidate and therefore, he is entitled to the benefits of Reserved Category for the post in question. Looking to this Circular, there is no causal connection between the rights of the present petitioner for getting employment through reservation quota of Scheduled Caste and method of grant of the Local Residential Certificate. It is not denied by the counsel for the State as well as by the counsel for the Jharkhand Public Service Commission that the petitioner belongs to Scheduled Caste Category candidates. The only objection raised by the Jharkhand Public Service Commission is that the petitioner 12 has not produced Local Residential Certificate in a proper proforma which has been given at the end of the Circular, therefore, the petitioner is not given employment as Medical Officer, in reserved category. The Jharkhand Public Service Commission has lost sight of the fact that Annexure2 and 3 to the memo of the present petition reflects that the petitioner is Scheduled Caste Category candidate and he is a resident of DistrictDhanbad which is of the State of Jharkhand. There is no statutory format of the certificate hence, the certificate presented by the petitioner cannot be said to be insufficient, illegal or irregular.
(ix) Counsel for the Jharkhand Public Service Commission has also submitted that there are two more Circulars issued by the Government bearing no. 3389 dated 22 nd September, 2001 and Circular No. 806 dated 3 rd March, 1982 and as per these two Circulars also, the Local Residential Certificate (for employment) is required to be given by the petitioner for claiming the post in question as Scheduled Caste Category candidate. Now, it is submitted by the counsel for the Jharkhand Public Service Commission that these two Circulars have been replaced by two new Circulars dated 8 th August, 2002 and 19th August, 2002. Neither a copy of these Circulars are annexed with any of the reply of the Jharkhand Public Service Commission nor these have been presented at the time of arguments before this Court. Bare assertion has no value in the eye of law.
(x) Counsel for the petitioner has rightly relied upon the decision rendered by five Hon'ble Judges of this Court in the case of Prashant Vidyarthy with Suman Kr. Singh Vs. State of Jharkhand & others reported in 2003(1) JCR 3 (Jhr) especially in paragraph55, which reads as under:
"55. In view of the discussions and findings given above, I am of the opinion that:
(i) a person who is a nonresident not a local person or is outsider, is not prevented from applying for consideration of his case for appointment against any Class III or IV posts in the State of Jharkhand, if otherwise eligible;13
(ii) the part of the Resolution No. 05/Vividh 09/2001Ka4737 dated 19th August, 2002, giving preference to 'local persons' who are familiar with the local conditions such as local language, customs etc. is valid being constitutional and within the ambit of State Government to frame such guidelines/rues; and
(iii) the definition of 'local persons' and guidelines prescribed for determination of 'local persons' vide Resolution No. 05/vividh09/2001Ka4737 dated 19th August, 2002, both are unjust, unreasonable, unworkable, arbitrary, discriminatory and ultra vires to Articles 14 and 16 of the Constitution of India."
(Emphasis Supplied) In view of the aforesaid decision, the Circular issued by the respondentGovernment bearing no. 4156 dated 17 th July, 2002, which is at Annexure8 to the supplementary rejoinder affidavit filed by the petitioner and which has been relied upon by the Jharkhand Public Service Commission for Local Residential Certificate (a proforma which has been given at the end of the aforesaid Circular), has been quashed and set aside and therefore, the Jharkhand Public Service Commission cannot insist upon the Local Residential Certificate in proforma, which has been given in Circular No. 4156 dated 17th July, 2002 because it has already been quashed and set aside.
(xi) It ought to be kept in mind by the Jharkhand Public Service Commission that Article341 of the Constitution of India prescribes a procedure for declaration of certain castes as Scheduled Castes for a particular State. Article341 of the Constitution of India reads as under: "341. Scheduled Castes.(1) the President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."
In view of the aforesaid provisions, His Excellency, the 14 President after consulting His Excellency, the Governor of a particular State declares certain castes as Scheduled Castes for a particular State. Whenever any question arises whether a particular caste is Scheduled Caste or not, the only thing requires to be seen and checked is Schedule which is published in the notification under Article 341 of the Constitution of India. Once a caste of a candidate is a Scheduled Caste and if certain seats are reserved for getting public employment under Article 16 of the Constitution no other requirement can be inserted by the State or by the Jharkhand Public Service Commission. Assuming without admitting that such requirement is there then also looking to Annexures2 and 3, the petitioner belongs to District Dhanbad. These facts have been stated in paragraph nos. 7, 8, 9 and 10 to the memo of the present petition, which have not been denied or controverted by the State or by the Jharkhand Public Service Commission in their respective counter affidavits. Too much insistence for proper proforma is not required at all. There is no such law or rules for such insistence by the Jharkhand Public Service Commission. No law compels the petitioner or no obligation has been created by the law, rules, regulations, order or policy upon a candidate to supply in a proper proforma, "Local Residential Certificate" even though he is a Scheduled Caste candidate.
(xii) Counsel for the Jharkhand Public Service Commission has relied upon Clause 9(v) of the public advertisement, which is at Annexure1 to the memo of the present petition, and has submitted that those who are local resident of the State of Jharkhand they are the only candidates, who are going to be benefited of the reserved quota. Those who are Scheduled Castes, Scheduled Tribes, Extreme Backward Class or Backward Class of the other State were not entitled to the reservation quota. This argument is not helpful to the Jharkhand Public Service Commission mainly for the reason that looking to the facts and circumstances of the case and 15 looking to Annexures2 and 3 to the memo of the present case, it reflects that the present petitioner belongs to District Dhanbad of the State of Jharkhand. He is not a foreigner to the State of Jharkhand. Moreover, he is also of a Scheduled Castes Category candidate and therefore, he is entitled for the benefits of reservation category quota prescribed for Scheduled Caste candidates.
(xiii) Counsel for the Jharkhand Public Service Commission has also relied upon AnnexureC to the counter affidavit filed on behalf of respondent nos. 2 and 3 dated 19 th March, 2002. Looking to this Press Communique, it appears that it changes the conditions, which have already been reflected in clause 9(iii)(Chh) of the public advertisement. Thus, in view of the decision reported in (2001) 10 SCC 51, once the selection process has already been started the rules of the selection cannot be changed as per public advertisement clause 9(iii) (Chh). Necessary certificates have already been supplied by the petitioner. Now the new requirement is incorporated by the subsequent Press Communique at AnnexureC to the counter affidavit filed by respondent nos. 2 and 3 and therefore, there is no legal obligation on the part of the petitioner to supply such type of additional certificate. Moreover, looking to AnnexureC to the counter affidavit filed by respondent nos. 2 and 3 dated 19 th March, 2012, it appears that a certificate of a Local Residence (for employment) is to be given by Sub Divisional Officer or by the Deputy Commissioner of the District. Looking to this Communique, it cannot be said that a candidate, who has not given such type of certificate, is not eligible for getting benefits of reservation category quota benefits. This Communique never curtails the right to get public employment, of the present petitioner, which is arising out of Article 14 to be read with Article 16 to be read with Article 341 of the Constitution of India. There is no statutory rule with the State of Jharkhand which prescribes such type of 16 certificate which is to be given by a candidate for getting benefits of Scheduled Castes quota. Whatever insisted is dehors the law and cannot create any legal obligation on the part of the candidate. There ought to be a duty vested in the candidates for supplying such type of certificate and legal obligation arises under the law and not from whims and capricious of the respondents. There are already certificates on record with the respondents, which are at Annexures2 and 3. These certificates are in consonance with what are required under clause 9(iii)(Chh) of the public advertisement, which is Annexure1 to the memo of the petition. Thus, the insistence on the part of the Jharkhand Public Service Commission that unless and until the present petitioner brings or produce Local Residential Certificate (for employment) and that too in a particular proforma, he cannot claim reservation quota prescribed for the post of Medical Officer. This is a misconception of law, on the part of the Jharkhand Public Service Commission. Under the law the petitioner is entitled to get the benefits of Reserved Category Quota for the post of Medical Officer. The petitioner is admittedly Scheduled Caste candidate and is a resident of District Dhanbad, State of Jharkhand as per Annexures2 and 3. The petitioner stays at DistrictDhanbad, State of Jharkhand. It is also admitted fact that the petitioner has secured more marks than lastly selected candidate of Scheduled Castes category.
13. As a cumulative effect of the aforesaid facts, reasons and judicial pronouncements, this writ petition is allowed with a cost of Rs. 10,000/ (Rupees ten thousand only). The Jharkhand Public Service Commission is directed to declare the result of the present petitioner without insisting Local Residential Certificate (for employment) for the post of Medical Officer in pursuance of the public advertisement, which is at Annexure1 to the memo of the present petition, within a period of one week from the date of receipt of a copy of an order of this Court and if he is declared successful, the respondents is further directed to appoint the present 17 petitioner within a period of two weeks thereafter. Looking to the public advertisement, there are total 218 posts for the post of Medical Officer out of which 22 posts are reserved for Scheduled Caste Category and looking to the final result at Annexure6 to the memo of the present petition, there are only 20 candidates, which have been selected in the Reserved Category (Scheduled Caste) and therefore, there are seats vacant for the Scheduled Caste Category candidates.
(D.N. Patel, J) VK